ANURAG MITTAL Vs. SONIA GUPTA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgement and order dated 18.12.2019 passed by the Principal Judge, Family Court, Saharanpur in Suit No. 53 of 2018 (Smt. Sonia Gupta Versus Anurag Mittal) under Section 13 of the Hindu Marriage Act, whereby the application filed by the appellant under Order 6 Rule 17 C.P.C. for amending the written statement has been rejected.

(2.) Heard learned counsel for the appellant and perused the record.

(3.) Perusal of the record shows that an application under Section 13 of the Hindu Marriage Act was filed by the respondent-wife against the appellant-husband mainly on the ground that he is very fat and overweight and not capable to cohabit with the respondent-wife. The record further shows that the divorce petition was filed by the respondent-wife on 09.01.2018 and thereafter on 02.08.2018 the appellant filed his written statement rebutting the contention so made by the respondent. Affidavits were also filed by the plaintiff/respondent as P.W.1 and P.W. 2 namely Deepak Gupta and the plaintiff/respondent was cross-examined on07.02.2019. On 27.02.2019, the appellant/defendant filed an application seeking amendment in the written statement against which objection was also filed by the respondent. The Trial Court has rejected the said application by impugned order dated 18.12.2019.